Waiver and Severability. If either Party fails to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure will not constitute a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will continue in full force and effect.
Appears in 10 contracts
Samples: Intel Software License Agreement, Intel Software License Agreement, Intel Software License Agreement
Waiver and Severability. If The failure by either Party fails party to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver or amendment of any provision or option, or affect the validity of this Agreement or any part will be effective only if in writing and signed by authorized representatives of this Agreement, or the right of the waiving Party to enforce subsequently each and every provisionboth parties. If any provision of this Agreement is held invalid to be unenforceable or unenforceableinvalid, that provision will be enforced to the remainder of maximum extent possible and the Agreement other provisions will continue remain in full force and effect.
Appears in 10 contracts
Samples: End User License Agreement, End User Agreement, End User Agreement
Waiver and Severability. If Failure by either Party fails party to enforce at any time exercise any of the provisions of this Agreementits rights under, or to exercise enforce any election of options provided in provision of, this Agreement, that failure Agreement will not constitute be deemed a waiver or forfeiture of that provision such rights or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party ability to enforce subsequently each and every such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of the this Agreement will continue remain in full force and effect.
Appears in 8 contracts
Samples: Member Master Subscription Agreement, Video Communications Master Subscription Agreement, Subscription Agreement
Waiver and Severability. If Failure by either Party fails to enforce at any time exercise any of the provisions of this Agreementits rights under, or to exercise enforce any election of options provided in provision of, this Agreement, that failure Agreement will not constitute be deemed a waiver or forfeiture of that provision such rights or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party ability to enforce subsequently each and every such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of the this Agreement will continue remain in full force and effect.
Appears in 5 contracts
Samples: Member Master Subscription Agreement, License Agreement, Website and Products And
Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the Agreement application of the provision to other persons, entities or circumstances will continue in full force and effectbe affected thereby, but instead will be enforced to the maximum extent permitted by law.
Appears in 4 contracts
Samples: Virginia Occupancy Agreement, Rental Agreement, Residential Lease Agreement
Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure will Agreement shall not constitute a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or party’s rights to subsequently enforce the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, the remainder all other provisions of the this Agreement will continue shall not be affected and shall remain in full force and effect.
Appears in 3 contracts
Samples: First American Title Agreement, First American Title Agreement (Ellie Mae Inc), Portal/Los Link Agreement (Ellie Mae Inc)
Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, right or to exercise any election of options provided provision in this Agreement, that failure will Agreement shall not constitute a waiver of that such right or provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party unless acknowledged and agreed to enforce subsequently each and every provisionby such party in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the remainder intentions of the Agreement will continue invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
Appears in 3 contracts
Samples: f.hubspotusercontent00.net, cdn2.hubspot.net, cdn2.hubspot.net
Waiver and Severability. If The failure of either Party fails party to enforce its rights under this Agreement at any time for any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure period will not constitute be construed as a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provisionsuch rights. If any provision of this Agreement is held invalid or unenforceable, such provision shall be reformed to the remainder of extent necessary to make it valid and enforceable and the Agreement will remaining provisions shall continue in full force and effect.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Waiver and Severability. If Failure by either Party fails party to enforce at any time exercise any of the provisions of this Agreementits rights under, or to exercise enforce any election of options provided in provision of, this Agreement, that failure Agreement will not constitute be deemed a waiver or forfeiture of that provision such rights or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party ability to enforce subsequently each and every such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible, the same economic effect of the original provision and the remainder of the this Agreement will continue remain in full force and effect.
Appears in 2 contracts
Samples: engage.matrixcare.com, mc.carecommunity.com
Waiver and Severability. If The failure by either Party fails to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver or amendment of any provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right will be effective only if in writing and signed by authorized representatives of the waiving Party to enforce subsequently each and every provisionParties. If any provision of this Agreement is held invalid to be unenforceable or unenforceableinvalid, that provision will be enforced to the remainder of maximum extent possible and the Agreement other provisions will continue remain in full force and effect.
Appears in 2 contracts
Samples: Unit 42 Master Services Agreement, Unit 42 Master Services Agreement
Waiver and Severability. If The failure by either Party fails party to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision or option, or affect the validity of this Agreement or any part will be effective only if in writing and signed by authorized representatives of this Agreement, or the right of the waiving Party to enforce subsequently each and every provisionboth parties. If any provision of this Agreement is held invalid to be unenforceable or unenforceableinvalid, that provision will be enforced to the remainder of maximum extent possible and the Agreement other provisions will continue remain in full force and effect.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Waiver and Severability. If either Party fails The failure of a party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided provision in this Agreement, that failure Agreement will not constitute be construed as a waiver of that such provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party party thereafter to enforce subsequently each and every such provision, or any other provision in this Agreement. If any court of competent jurisdiction determines that any provision of this Agreement is held illegal, invalid or unenforceable, the remainder of the Agreement remaining provisions will continue remain in full force and effect.
Appears in 2 contracts
Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the Agreement application of the provision to other persons, entities or circumstances will continue in full force and effectbe affected thereby, but instead will be enforced to the maximum extent permitted by law.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Waiver and Severability. If Failure by either Party fails to enforce at any time any of the provisions of this Agreement, or party to exercise any election of options provided in its rights under or to enforce any provision of, this Agreement, that failure Agreement will not constitute be deemed a waiver or forfeiture of that provision such rights or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party ability to enforce subsequently each and every such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of the this Agreement will continue remain in full force and effect.
Appears in 2 contracts
Samples: Terms of Service, A Legal Agreement
Waiver and Severability. If The failure of either Party fails to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure will Agreement shall not constitute be deemed a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to thereafter enforce subsequently each and every that or any other provision. If In the event that any provision of this Agreement is held invalid or to be invalid, unenforceable, or illegal, the remainder of provision will be limited or eliminated to the minimum extent necessary so that this Agreement will continue shall otherwise remain in full force and effecteffect and enforceable.
Appears in 1 contract
Samples: Testing Agreement
Waiver and Severability. If The failure by either Party fails to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute a waiver of future enforcement of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every other provision. If any provision of this Agreement is held invalid to be unenforceable or unenforceableinvalid, that provision will be enforced to the remainder of maximum extent possible and the Agreement other provisions will continue remain in full force and effect.
Appears in 1 contract
Waiver and Severability. If Failure by either Party fails party to enforce at any time exercise any of the provisions of this Agreementits rights under, or to exercise enforce any election of options provided in provision of, this Agreement, that failure Agreement will not constitute be deemed a waiver or forfeiture of that provision such rights or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party ability to enforce subsequently each and every such provision. If any provision of this Agreement is held invalid by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of the this Agreement will continue remain in full force and effect.
Appears in 1 contract
Samples: Terms of Use
Waiver and Severability. If The failure of either Party fails to enforce at any time any of the provisions of this AgreementAgreement will not be construed to be a continuing waiver, or nor will that failure prejudice the right of that Party to exercise take any election of options provided action in the future to enforce any provisions in this Agreement, that failure will not constitute a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid determined to be illegal, invalid, or unenforceable, the remainder validity of the Agreement remaining provisions will continue not be affected and, in full force lieu of an illegal, invalid, or unenforceable provision, provisions similar in terms as may be legal, valid and effectenforceable under applicable law are deemed added.
Appears in 1 contract
Samples: Distributor Agreement
Waiver and Severability. If Failure by either Party fails party to enforce at any time exercise any of the provisions of this Agreementits rights under, or to exercise enforce any election of options provided in provision of, this Agreement, that failure Agreement will not constitute be deemed a waiver or forfeiture of that provision such rights or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party ability to enforce subsequently each and every such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be removed from the Agreement and the remainder of the this Agreement will continue remain in full force and effect.
Appears in 1 contract
Samples: Zoom Terms of Service
Waiver and Severability. If either Party fails to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure will not constitute a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid or unenforceableunenforceable under any applicable statute or rule of law, this Agreement shall be enforced to the remainder maximum extent possible to effectuate the original express intent of the Parties. Failure to enforce any provision of this Agreement will continue in full force and effectshall not operate as a waiver of such provision or any other provision.
Appears in 1 contract
Samples: Terms of Use
Waiver and Severability. If either Party fails The failure of a party to this Agreement to enforce at any time any of the provisions of this Agreement, Agreement or to exercise the waiver thereof in any election instance shall not be construed as a general waiver or relinquishment on its part of options provided in this Agreement, that failure will not constitute a waiver of that any such provision or option, of any other provisions. If any one or affect the validity more provisions of this Agreement or any part of this Agreementare held to be invalid, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid illegal or unenforceable, the remainder validity, legality and enforceability of the Agreement will continue remaining provisions shall not in full force and effectany manner be affected.
Appears in 1 contract
Samples: Consulting Agreement (Lumenis LTD)
Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the Agreement application of the provision to other persons, entities or circumstances will continue in full force and effectbe affected thereby, but instead will be enforced to the maximum extent permitted by law.
Appears in 1 contract
Waiver and Severability. If The failure by either Party fails party to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure will Agreement shall not constitute a waiver of future enforcement of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every other provision. If any provision of this Agreement is held invalid to be unenforceable or unenforceableinvalid, that provision shall be enforced to the remainder of maximum extent possible, and the Agreement will continue other provisions shall remain in full force and effect.
Appears in 1 contract
Samples: License Agreement
Waiver and Severability. If either Party fails Failure by any party to enforce at any time any of the provisions term of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute a waiver of future enforcement of that provision or option, or affect the validity of any other term in this Agreement or any part of this Agreement, or other agreement in place between the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will continue in full force and effectparties.
Appears in 1 contract
Samples: Documentation License Agreement